Dell PowerStore 9000X EMC PowerStore: Open Source License and Copyright Inform - Page 47

Eclipse Public License EPL

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Eclipse Public License (EPL) the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder. Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program. Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement. 3. REQUIREMENTS A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that: it complies with the terms and conditions of this Agreement; and its license agreement: effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose; effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. When the Program is made available in source code form: it must be made available under this Agreement; and a copy of this Agreement must be included with each copy of the Program. Contributors may not remove or alter any copyright notices contained within the Program. Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution. 4. COMMERCIAL DISTRIBUTION Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and 47 Dell EMC PowerStore: Open Source License and Copyright Information

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Eclipse Public License (EPL)
47
Dell EMC PowerStore: Open Source License and Copyright Information
the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed
Patents. The patent license shall not apply to any other combinations which include the Contribution. No
hardware per se is licensed hereunder.
Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein,
no assurances are provided by any Contributor that the Program does not infringe the patent or other
intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims
brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to
exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to
secure any other intellectual property rights needed, if any. For example, if a third party patent license is
required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license
before distributing the Program.
Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to
grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement,
provided that:
it complies with the terms and conditions of this Agreement; and
its license agreement:
effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including
warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability
and fitness for a particular purpose;
effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special,
incidental and consequential damages, such as lost profits;
states that any provisions which differ from this Agreement are offered by that Contributor alone and not by
any other party; and
states that source code for the Program is available from such Contributor, and informs licensees how to
obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
it must be made available under this Agreement; and
a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably
allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business
partners and the like. While this license is intended to facilitate the commercial use of the Program, the
Contributor who includes the Program in a commercial product offering should do so in a manner which does
not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a
commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and